Adoption of Children Act 2022

REPUBLIC OF SINGAPORE GOVERNMENT GAZETTE ACTS SUPPLEMENT Published by Authority NO. 20] Friday, June 17 [2022 The following Act was passed by Parliament on 9 May 2022 and assented to by the President on 31 May 2022:— Adoption of Children Act 2022 (No. 20 of 2022) I assent. HALIMAH YACOB, President. 31 May 2022. Date of Commencement: 15 October 2024 An Act to repeal and re-enact the Adoption of Children Act 1939 with amendments to provide for the process of the adoption of children and the regulation of practices in the adoption sector and connected matters, and to make related and consequential amendments to certain other written laws. Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: PART 1 PRELIMINARY Short title and commencement 1. This Act is the Adoption of Children Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette. General interpretation 2.—(1) In this Act, unless the context otherwise requires — “adopted child” means an individual (whether below 21 years of age or otherwise) in respect of whom an adoption order has been made; “adoption application” means an application made under this Act for an adoption order; “adoption order” means an order under section 23(1); “adoption proceedings” means the proceedings in court arising from an adoption application, including any appeal against any decision made by the court on the adoption application; “adoption-related service” means any of the following: (a) any service provided by an adoption agency (whether directly or indirectly through one or more intermediaries) in the course of making arrangements for or on behalf of any person for the adoption in Singapore by that person of a child; (b) the conduct of a pre-adoption briefing described in section 12; (c) the conduct of a disclosure of adoptive status briefing described in section 13; (d) the conduct of any assessment by an authorised adoption agency for the purposes of preparing an ASA; (e) any other service provided by an adoption agency in connection with the adoption or proposed adoption of a child that may be prescribed by the regulations; “Adoption Suitability Assessment” or “ASA” means an Adoption Suitability Assessment issued by an authorised adoption agency under section 14; “adoptive parent” means an individual who adopts a child under an adoption order and, in the case of an adoption order made in favour of 2 applicants jointly, means either of the applicants; “applicant” means an individual who makes an adoption application, whether solely or jointly, and for the purposes of Part 2, includes an individual who intends to make an adoption application; and “applicants” means both applicants in the case of a joint adoption application mentioned in section 4; “authorised adoption agency” means an adoption agency or a fostering agency that is authorised by the Minister under section 10; “authorised officer” means an individual who is appointed under section 9 to be an authorised officer for the purposes of this Act; “child”, if age rather than descendancy is relevant, means an individual below 21 years of age; “child before the court” means the child in respect of whom an adoption application is made; “child in state care” means a child who is the subject of any of the following orders that is in force: (a) an order under section 54(1)(b) or 56(2)(a) of the Children and Young Persons Act 1993; (b) an order under section 56(2)(a) of the Children and Young Persons Act 1993 as applied by section 57 of that Act; “court” means the Family Division of the High Court, a Family Court, or any court hearing an appeal against an order or a decision of the Family Division of the High Court or a Family Court, except in sections 48, 51, 66, 69, 70, 72 and 73 where “court” means a court of competent jurisdiction; “Director-General” means the Director‑General of Social Welfare or any public officer or other person authorised under section 3(3) of the Children and Young Persons Act 1993 to perform any of the duties or exercise any powers of the Director‑General under that Act; “father”, in relation to an illegitimate child, means the biological father; “fostering agency” means a person who enters into an agreement with the Government to provide services in relation to the fostering of children, including overseeing one or more fostering arrangements; “Guardian-in-Adoption” means the Guardian‑in‑Adoption appointed under section 8; “Guardian-in-Adoption’s affidavit” means the affidavit required to be filed by the Guardian‑in‑Adoption under section 27; “Home Study Report” or “HSR” means a report — (a) applied for by 2 individuals or an individual before the date of commencement of section 11; (b) issued before, on or after that date by an adoption agency accredited by the Ministry of Social and Family Development for the purposes of conducting assessments as to the suitability of persons to adopt a child; and (c) containing an assessment as to whether the 2 individuals or individual (as the case may be) issued with the report are or is suitable to adopt a child; “interim order” means an order under section 31; “parent”, in relation to an illegitimate child, does not include the biological father; “protector” means any public officer appointed or other person authorised under section 3(3) of the Children and Young Persons Act 1993 to perform any of the duties or exercise any of the powers of a protector under that Act; “registered medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997, and includes a dentist registered under the Dental Registration Act 1999; “regulations” means the regulations made under section 75; “relevant person”, in relation to a child, or a protected person mentioned in Part 5, means any person who — (a) is a parent or guardian of the child or protected person; (b) has actual custody of the child or protected person; or (c) is liable to contribute to the support of the child or protected person; “repealed Act” means the Adoption of Children Act 1939; “reward” means any benefit, whether monetary or otherwise. (2) In this Act, a reference to a valid and favourable HSR is a reference to an HSR — (a) containing an assessment by the adoption agency that issued the HSR that the 2 individuals or individual (as the case may be) issued with the HSR are or is suitable to adopt a child, whether unequivocally or subject to the resolution of any one or more issues contained in the HSR; and (b) the validity period for which as stated in the HSR (subject to any extension of the period by a duly authorised officer of the Ministry of Social and Family Development) has not expired. (3) In this Act — (a) a reference to a medical assessment is a reference to an assessment by a registered medical practitioner; and (b) a reference to a psychiatric assessment is a reference to an assessment by a medical practitioner who is registered as a psychiatrist in the Register of Specialists under the Medical Registration Act 1997. (4) For the purposes of this Act, an individual (A) is a relative of another individual (B) if A is the spouse or a former spouse, or a parent or step‑parent, father-in-law, mother‑in‑law, brother or stepbrother, sister or stepsister, child (including an adopted child), stepson, stepdaughter, grandparent or step‑grandparent, grandchild or step‑grandchild, uncle or step‑uncle, aunt or step‑aunt, nephew or step‑nephew, or niece or step‑niece, of B. (5) For the purposes of this Act — (a) adoption proceedings arising from an adoption application are concluded when — (i) the court has made an order that finally disposes of the adoption application; and (ii) no application for an appeal against that order, or an application for permission to make such an appeal (if required under the law), has been made after the expiry of the time allowed under the law for the making of such an appeal; (b) adoption proceedings arising from an adoption application are pending if the adoption proceedings are not concluded; and (c) an interim order is not an order that finally disposes of an adoption application. Meaning of “adoption agency” 3.—(1) For the purposes of this Act, an adoption agency is any person that carries on the business (whether for profit or not) of making arrangements for or on behalf of any other person for the adoption in Singapore by that other person of a child, but does not include a fostering agency or any other person that may be prescribed by the regulations. (2) For the purposes of this Act, a person (A) carries on the business (whether for profit or not) of making arrangements for or on behalf of another person (B) for the adoption by B of a child under the Act, whether or not — (a) B makes an adoption application in respect of the child; (b) the arrangements are accompanied by any other service to B before or after the conclusion of adoption proceedings arising from an adoption application made by B in respect of the child; or (c) A also carries on the business (whether for profit or not) of providing any other service. (3) In this section, a reference to the making of arrangements for or on behalf of a person (A) for the adoption of a child by A includes a reference to any of the following: (a) informing A about the process of adoption in Singapore, including under the repealed Act; (b) informing A about the eligibility criteria for an adoption order, or the parenting of an adopted child, including under the repealed Act; (c) arranging for A to undergo the process for obtaining an ASA; (d) conducting an assessment of A’s suitability to adopt for the purpose of issuing an ASA to A; (e) finding a child for whom an adoptive parent is being sought, on behalf of A; (f) obtaining the agreement of any relevant person of a child to seek an adoptive parent for the child (whether directly or indirectly through one or more intermediaries), with a view to the child’s adoption by A; (g) transferring (whether directly or indirectly through one or more intermediaries) the physical custody of a child, or the custody or care and control of a child, to A with a view to the child’s adoption by A; (h) obtaining, on behalf of A, the consent required under section 26 of any relevant person of a child for the adoption of the child by A, whether directly or indirectly through one or more intermediaries; (i) providing any service to A after an adoption order in respect of a child has been made in favour of A to support A in the parenting of the child. Eligibility to make adoption application 4.—(1) Subject to section 5, an adoption application may only be made by — (a) 2 individuals married to each other — (i) in Singapore under the Administration of Muslim Law Act 1966 or the Women’s Charter 1961; or (ii) outside Singapore under the law of another country or territory, in circumstances where the marriage is recognised as valid under that law, and the individuals would be taken to be lawfully married under written law in Singapore if the marriage had taken place in Singapore, where — (iii) both the individuals are habitually resident in Singapore; and (iv) either or both the individuals are citizens of Singapore, or both individuals are permanent residents of Singapore; or (b) an individual who is — (i) habitually resident in Singapore; and (ii) either a citizen or permanent resident of Singapore. (2) An adoption application may only be made — (a) jointly by the 2 individuals mentioned in subsection (1)(a); or (b) solely by an individual mentioned in subsection (1)(b) who is not an individual mentioned in subsection (1)(a). (3) The requirements in subsection (1)(a)(iii) and (iv) and (b) do not apply to any adoption application made, and that is supported by a valid and favourable HSR held, by 2 individuals jointly or by an individual solely. Further provisions on eligibility to adopt a child 5.—(1) Unless subsection (2) applies, the applicants or applicant are not or is not eligible to adopt a child in the following circumstances: (a) in the case of an adoption application by 2 applicants jointly — (i) either applicant is below 25 years of age; or (ii) either applicant is less than 21 years older than the child before the court; (b) in the case of an adoption application solely by an applicant — (i) the sole applicant is below 25 years of age; or (ii) the sole applicant is less than 21 years older than the child before the court; (c) the sole applicant is a male and the child before the court is a female; (d) either applicant (in the case of a joint application) or the sole applicant (in the case of a sole application) has been convicted of an offence prescribed by the regulations — (i) whether the offence is committed before, on or after the date that the offence is prescribed; and (ii) whether the offence is committed before, on or after the date of commencement of this section. (2) Despite the applicants or applicant being ineligible under subsection (1) or section 4, the court may make an adoption order on an adoption application in any of the following circumstances: (a) in a case where subsection (1)(a) or (b) applies — either of the joint applicants or the sole applicant (as the case may be) and the child are within the prohibited degrees of consanguinity; (b) in a case where one of the 2 individuals in a marriage described in section 4(1)(a)(i) or (ii) wishes to make an adoption application solely — (i) the individual’s spouse consents to the sole application; or (ii) the consent of the individual’s spouse is to be dispensed with by the court because — (A) he or she cannot be found or is incapable of giving such consent; or (B) the individual and his or her spouse have separated and are living apart and the separation is likely to be permanent; (c) in a case where subsection (1) applies or the requirements in section 4(1)(a)(iii) or (iv) or (b) are not met — there are special circumstances which justify as an exceptional measure the making of an adoption order. (3) In deciding whether there are special circumstances which justify as an exceptional measure the making of an adoption order under subsection (2)(c), the court is to give due consideration as to whether the Guardian‑in‑Adoption supports the making of the adoption order. Child eligible for adoption 6.—(1) An adoption order may only be made in respect of a child who is resident in Singapore. (2) For the purpose of subsection (1), a child is deemed not to be resident in Singapore — (a) if the child is authorised or permitted to remain in Singapore by virtue of a visit pass, a student’s pass or a special pass issued by the Controller of Immigration, irrespective of the number of occasions the pass is issued to the child or renewed; or (b) if the child’s presence in Singapore is unlawful under the provisions of the Immigration Act 1959 or the regulations made under that Act. (3) An adoption order may not be made in respect of any child who is or has been married. Meaning of “suitable to adopt” 7. In considering whether joint or sole applicants are suitable to adopt a child, an authorised adoption agency, the Guardian‑in‑Adoption and the court determining the adoption application must assess the applicants’ suitability to adopt by reference (but not limited) to — (a) the factors prescribed by the regulations; and (b) any applicable ruling, decision or judicial pronouncement by any court in relation to a matter involving an adoption of a child. Guardian-in-Adoption 8.—(1) The Minister may appoint a public officer to be the Guardian‑in‑Adoption. (2) The Guardian-in-Adoption has the general duty of safeguarding the welfare of any child for whom an adoptive parent is being sought, including a child before the court. (3) The Guardian-in-Adoption is to exercise any of his or her powers or perform his or her duties under this Act subject to the general or special directions of the Minister. (4) Subject to subsection (5), the Guardian‑in‑Adoption may delegate the exercise or performance of all or any of the powers conferred or duties imposed on the Guardian‑in‑Adoption by or under this Act to any public officer or (with the written approval of the Minister) to any other individual, except the power of delegation under this subsection and the power of appointment under section 9. (5) Any delegation under subsection (4) may be general or in a particular case and may be subject to any conditions or limitations specified by the Guardian‑in‑Adoption. (6) Unless the context otherwise requires, any reference in this Act to the Guardian‑in‑Adoption includes a reference to a delegate under subsection (4). (7) A delegate under subsection (4) is taken to be a public servant within the meaning of the Penal Code 1871 when exercising a power under this Act or in the course of performing a duty as the Guardian‑in‑Adoption. Authorised officers 9.—(1) The Guardian-in-Adoption may appoint any public officer with suitable qualifications or experience, or any individual belonging to such class of individuals (with suitable qualifications or experience) as may be prescribed by the regulations, as an authorised officer under this Act. (2) Any appointment under subsection (1) may be subject to any conditions or limitations specified by the Guardian‑in‑Adoption. (3) The Guardian-in-Adoption must issue to each authorised officer an identification card, whether in physical or digital form. (4) If asked to do so, an authorised officer must produce his or her identification card for inspection before exercising a power under this Act. (5) Every authorised officer whose appointment as such ceases must return to the Guardian‑in‑Adoption any physical identification card issued to him or her under subsection (3). (6) An authorised officer is taken to be a public servant within the meaning of the Penal Code 1871 when exercising a power under this Act or in the course of performing a duty as an authorised officer. Authorised adoption agencies 10.—(1) The Minister may, with the agreement of an adoption agency or a fostering agency and subject to any terms that the Minister may specify, authorise the adoption agency or fostering agency as an authorised adoption agency for the purposes of this Act. (2) The authorised adoption agency must comply with any directives issued by the Guardian-in-Adoption. (3) Subject to subsections (4) and (5) and the regulations, an authorisation under subsection (1) is for the period specified by the Minister. (4) Subject to the regulations, the Minister may, with the agreement of an authorised adoption agency, extend the authorisation of the authorised adoption agency for one or more times, by the period specified by the Minister each time. (5) The Minister may cancel the authorisation of an authorised adoption agency before the expiry of the authorisation. (6) Despite the expiry of the authorisation of an adoption agency or a fostering agency, the Minister may allow the adoption agency or fostering agency to exercise a power, or direct the adoption agency or fostering agency to carry out any function or duty, under this Act in any particular case or generally, and on any terms that the Minister may specify, in which case any reference in this Act to an authorised adoption agency includes a reference to that adoption agency or fostering agency. (7) The Guardian-in-Adoption must cause to be published on the Internet website prescribed by the regulations the name, Unique Entity Number (UEN), and address of the place of business or the registered address, of every authorised adoption agency. (8) The regulations may provide for matters relating to the authorisation of adoption agencies and fostering agencies and authorised adoption agencies, including the following: (a) the criteria and procedure for an authorisation under subsection (1); (b) the criteria and procedure for the extension of an authorisation under subsection (4); (c) the duration of an authorisation under subsection (1) and the maximum period of each extension under subsection (4); (d) the grounds and procedure for the cancellation of an authorisation under subsection (5); (e) the keeping and retention of records and documents produced or received by authorised adoption agencies in the course of the performance or discharge of their functions and duties under this Act, the destruction or disposal of those records and documents, and the transfer of those records and documents kept and retained by an adoption agency or a fostering agency upon the cancellation of the adoption agency’s or fostering agency’s authorisation.